Data Processing by Partnerships Act

Reason for WGS

In the fight against subversive crime, various public - and sometimes also private - parties work together and share personal data. When doing so, they have to meet the requirements from the privacy legislation. However, this is not always easy within such partnership. The WGS therefore regulates the sharing of personal data in this situation.

Entry into force WGS

On 28 June 2024, the WGS was published in the Government Gazette (in Dutch). The WGS has entered into force on 1 March 2025.

Statutory basis

In the WGS 4 specific and already existing partnerships are given a statutory basis. These are:

• the Financial Expertise Centre (FEC);
• the Infobox Criminal and Unaccountable Assets (iCOV);
• the Regional Information and Expertise Centres (RIECs);
• the Care and Safety Houses.

In addition, the WGS stipulates that by executive degree, other partnerships may be designated as partnerships within the meaning of this Act. This is only possible if such partnership has one of the following purposes of a substantial public interest:

• the prevention of and fight against serious forms of crime;
• the prevention of and fight against large-scale or systematically unlawful use of public funds and public facilities;
• the prevention of and fight against large-scale or systemic evasion of legal obligations to pay taxes, fees, and import and export duties.

Advice of the Dutch DPA on the WGS

The proposal for the WGS gives governmental organisations and private parties extensive powers to share personal data with each other. The Dutch Data Protection Authority (Dutch DPA) feels that this has significant unwanted consequences for the people whose data are shared.

That is why the Dutch DPA has issued a critical advice on this legislative proposal on several occasions. And called on the Senate of the Dutch Parliament not to adopt the WGS in the proposed form (in Dutch). Though the Dutch DPA endorses the importance of fighting subversive crime, this proposal goes too far.

Advice of the AP on the WGS and BGS

The WGS gives government organisations and private parties broad powers to share personal data with each other. The Data Processing by Partnerships Decree (Dutch abbreviation BGS) works out the WGS in more detail. The Autoriteit Persoonsgegevens (AP), the Dutch data protection authority, has assessed the WGS and the BGS. See:

• AP adviseert Eerste Kamer: neem WGS niet aan (in Dutch)
• Voor aanvaardbare WGS ontbreekt belangrijke waarborg (in Dutch)